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(영문) 부산지방법원 동부지원 2019.02.20 2018고정782
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles in a development restriction zone without permission from the head of the competent Si/Gun/Gu, and a person who has received a corrective order from the head of the competent Si/Gun/Gu in violation of such act shall

1. On July 2017, the Defendant, without obtaining permission from the captain head of a Gun, stored the furnitures, such as household appliances, furniture, etc. in the area of four units in the Busan-gun B building C (area 180 square meters), D (area 150 square meters), E (area 150 square meters), and F (area 140 square meters), which is a development-restricted zone, and used them for any warehouse other than agricultural purposes by changing the purpose of use.

2. On July 12, 2017, the Defendant failed to comply with a corrective order, even though he/she received a corrective order from the head of the Gun where he/she was issued a voluntary correction order by September 25, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to each investigation report (related to telephone conversations between persons for reference and failing to comply with the plane captain's corrective order);

1. Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Punishment concerning facts constituting an offense, and Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 12 (1) (the occupation of altering the purpose of use of buildings within areas of restricted development), subparagraph 2 of Article 32 and Article 30

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. To determine the punishment as ordered in consideration of the fact that the vinyl house is not used as a warehouse as of the reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order;

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